PROTESTE Opens Nonsensical Case Against Apple and Samsung

PROTESTE Opens Nonsensical Case Against Apple and Samsung

Computers have always been sold by manufacturers with an indication of the capacity of their drives (whether HDDs or SSDs) informed in a commercial / rounded manner. In 2008, we even made an article explaining well the question of the “real capacity” of hard drives. And everyone has always known that, of that total, a certain part dedicated to the operating system and the applications that come pre-installed on it.

In recent years, we have seen the increasing popularity of smartphones and tablets that are nothing more than modern / portable computers and, at least in the above aspect, work and are promoted in the same way. What varies the capacity of the drives themselves and how much different versions of mobile operating systems and their apps occupy on the devices as soon as they are turned on in the factory settings.

That said, I am very impressed by the process PROTESTE – Consumers Association against Apple and Samsung in the Justice of So Paulo. She claims precisely that both are lying in their advertisements, promoting unrealistic capabilities (unavailable to users) on their smartphones and tablets, and demanding that both "pay compensation for losses and damages corresponding to the value of each gigabyte of free memory not delivered".

She even prepared tables showing this, see:


ModelDeclared (GB)Available (GB)Missing (GB)DifferenceMemory card?
iPhone 6 16 14.7 1.3 8% At the
iPhone 6 64 62.7 1.3 2% At the
iPhone 6 128 126.7 1.3 1% At the
iPhone 5s 16 14.7 1.3 8% At the
iPhone 5s 32 30.7 1.3 4% At the
iPhone 5s 64 62.7 1.3 2% At the


ModelDeclared (GB)Available (GB)Missing (GB)DifferenceMemory card?
iPad Air 16 12.13 3.9 24% At the
iPad Air 2 64 51.6 12.4 19% At the
iPad Air 2 32 26.74 5.26 16% At the
iPad Air 2 16 10.2 5.8 36% At the
iPad mini 2 16 12.4 3.6 23% At the
iPad mini 2 32 26.9 5.1 16% At the
iPad mini 2 64 58 6 9% At the
iPad mini 3 16 10.2 5.8 36% At the
iPad mini 3 64 50.5 13.5 21% At the

In the case of Samsung, according to the PROTESTE tables, things are even worse.

I even understand her claim at the beginning of 2014, here we publish an infographic comparing precisely the “usable” capacity of 16GB smartphones, of various brands, I just don't understand PROTESTE restricting your Apple and Samsung cases, as well as smartphones and tablets. Correct me if I'm wrong, but * I never * saw any computer, smartphone or tablet manufacturer selling the device highlighting only the free capacity for the user.

PROTESTE affirms that, if it obtains that the companies are obliged to pay compensation, the values ​​will be reverted to a fund created by the Law of Public Civil Action. The focus on Apple and Samsung clearly shows that the Association decided to target only the two most popular companies of the moment, consequently with more money to spend in a process of this nature.

At the bottom of all pages of its website where device capacities are reported, Apple indicates: “1 GB = 1 billion bytes. Actual capacity after minor formatting. ” Even so, PROTESTE says it is based on "several articles of the Consumer Protection Code (CDC)" and even demands, by means of an injunction, an "urgent alteration of offers".

For me, the case lacks coherence and I see little chance of success since, although it is focused on Apple and Samsung, this would set a precedent against * any * other computer manufacturer (desktops and laptops), smartphones and tablets operating in Brazil . If something of this nature had to be changed here, it would have been done in the 1990s; what these people were thinking, all this time?

(tip from Ricardo Costa, via Digital Convergence)